Braun v. Commissioner Social Security Administration
Filing
28
ORDER GRANTING PLAINTIFF'S MOTION FOR APPROVAL OF ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b). Signed on 3/6/2020 by Magistrate Judge Youlee Yim You. (pvh)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
FORRESTT DANE BRAUN,
Plaintiff,
vs.
COMMISSIONER,
Social Security Administration,
Case No. 6:17-cv-01655-YY
ORDER GRANTING PLAINTIFF’S
MOTION FOR APPROVAL OF
ATTORNEY FEES PURSUANT TO 42
U.S.C. § 406(b)
Defendant.
Plaintiff Forrestt D. Braun brought this action seeking review of the Commissioner’s
final decision denying his application for disability benefits under the Social Security Act. The
Court reversed the Commissioner’s decision, remanded the case for further proceedings, and
entered Judgment on March 20, 2019.
Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). I have reviewed the
record in this case, the motion, and the supporting materials, including the award of benefits, the
fee agreement with counsel, and the recitation of counsel’s hours and services. Applying the
standards set by Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002), the Court finds that the
requested fees are reasonable.
Plaintiff’s Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) is hereby GRANTED,
and Plaintiff’s counsel is awarded $15,848.38 in attorney’s fees under 42 U.S.C. § 406(b).
Previously, the Court awarded Plaintiff attorney fees in the amount of $7,770.09 under the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. In addition, Plaintiff’s counsel has received
an administrative fee in the amount of $5,903.00. When issuing the § 406(b) check for payment
to Plaintiff’s attorney, the Commissioner is directed to subtract the amounts awarded for EAJA
and administrative fees and send the balance of $2,175.29, less any applicable processing or user
fees prescribed by statute, to Plaintiff’s attorneys at HARDER, WELLS, BARON &
MANNING, P.C., 474 Willamette Street, Eugene, Oregon 97401. Any amount withheld after all
administrative and court attorney fees are paid should be released to the claimant.
March
6th
IT IS SO ORDERED this ____ day of __________________ 2020.
/s/ Youlee Yim You
___________________________________
YOULEE YIM YOU
United States Magistrate Judge
Proposed Order submitted by:
Katherine L. Eitenmiller
HARDER, WELLS, BARON & MANNING, P.C.
474 Willamette Street
Eugene, OR 97401
(541) 686-1969
keitenmiller@hwbm.net
Of Attorneys for Plaintiff
ORDER GRANTING ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b)
6:17-cv-01655-YY
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